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yash kan krish (Trainee)     30 April 2012

Does police have authority to fine

Can police fine someone without FIR/NCR, without the intervention of court for minor fight in drunkenness state.



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 9 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     30 April 2012

Fight in a drunken stage,and you are questioning the authority of police for imposing fine.Very good query.The drunken people should have been happy,that they were only imposed fine and not arrested.

Deepak Nair (lawyer)     30 April 2012

Well said Sainath Sir.

Saurabh Chopra (Student)     30 April 2012

Yes they can impose fines upto a certain amount .. but you can also contest the fine in a court if you feel any injustice .. similar to a challan .. which you can either pay upfront or challenge it in the court ..

SAINATH DEVALLA (LEGAL CONSULTANT)     30 April 2012

Saurabhji,

It was a fight between two drunkards in a public place.A new excise bill makes drinking publicly a non-bailable offence.So, those who would be found drinking in cars, on roads, outside eateries and other public places should be ready to shell out Rs 5,000. Those who would be caught creating public nuisance after getting drunk would be reportedly fined up to Rs 10,000 and even sent to jail for three months.SO WHERE  IS THE QUESTION OF CONTEST IN THE COURT.

yash kan krish (Trainee)     30 April 2012

But the question still remains the same. Can police fine Mr. X without courts concern. Mr. X never appeared in court, never had a trail, just was asked to pay fine of Rs 1000 in court after a month of incidence. Now Mr.X is appointed for govt job and he's to mention his antecedents.

Was he ever arrested?

Was he fined by court of law?

Was he ever bound down?

Kept under detention?

This took place  way back  in  2005.

And inspite of making it a quarrel try to help someone.

SAINATH DEVALLA (LEGAL CONSULTANT)     30 April 2012

Dear Querist,

 

Do you know that drunken  brawl in a public place is an offence.Even after I have given you the facts in my earlier answer, you aree still continuing the3 thread means,that you are ready for everything.

SAINATH DEVALLA (LEGAL CONSULTANT)     30 April 2012

It is clear that you are choosing this forum,to pass your idle time.This is a bsy form wherein we are concerned only about  the needy querists for legal advice.Better stop your further questions.

Anish Thakur 7018812737 (advocate)     01 May 2012

yes police can file a person without court concern,various states have now special police act which empowers police to keep a person in custody for 24 hours and have power to release without presenting him to court.

they have also power to impose fime upto 5000  rs

e.g.

himachal pradesh special polic act 2007

S.B.adil rahman (Legal Consultant )     16 June 2012

Yes, in compoundable offences under section 200 of  Motor Vehicles Act 1988 followed by the M.V.Rules the police has right to impose fines if the accused wants to compound the offence. However, in drunken driving the offence is non compoundable as the person reminas under an incapable state to take care of himself with an impaired judgement. Brawl whether in drunken state or without drinks in a public place  is an offence u/s 160 IPC and hence the offender is liable to be arrested and  prosecuted. In your case it appears that the police officer booked you in a petty case and hed perhaps compounded  the offence as per the rules of the State. However, in a nutshell the police have an open power to arrest and compound the offences as per M.V.Rules of the State in which they work.


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